A motion to reconsider asks USCIS to reexamine its decision based on the improper disregard or misinterpretation of applicable law.
In general, a USCIS I-290B motion to reconsider is filed after an immigrant has lost his case, but the government has made an error or law.
The legal error motion may cause the agency to correct its mistake, which was utilized as the basis in the prior determination.
If the motion is granted, the earlier decision may be reversed.
Such motions are most prevalent in decisions affecting permanent residence applications, including marriage green card denials.
Here are some key points to keep in mind:
- USCIS motions to reconsider adverse denials by the U.S. Citizenship and Immigration Services are filed by filing Form I-290B.
- I-290B motions are filed at the same USCIS office where the negative decision was issued.
- Usually, motions to reconsider must be filed within 30 days of the government’s denial.
- A motion to reconsider must specify errors in the application of law, policy, or procedure made by USCIS. There are three common grounds for such motions: exclusion of relevant evidence, denial of legal rights, or failure to properly apply proper standards of existing law.
- In addition, do not confuse motions to reconsider with motions to reopen, which are post-decision challenges based on factual grounds.
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